K.N.MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are instituted challenging Circular No.5/17 issued by the Transport Commissioner prescribing revised guidelines for conducting driving tests. According to the petitioners, directions contained in the impugned circular are contrary to the provisions contained in Rule 15(3) of the Central Motor Vehicles Rules. It is also the case of the petitioners that dedicated testing tracks are required for implementing the guidelines contained in the impugned circular; that among the testing centres/grounds in the State, the Government owns only 4 and the remaining centres/grounds are either owned by local authorities or private individuals; that the testing centres/grounds other than the centres/grounds owned by the Government are grounds which are being used for other purposes also and that the licensing WPC 7243/17 & con. cases 2 authorities in the State will not, therefore, be in a position to grant licences, if the directions contained in the impugned circular are implemented. It is also the case of the petitioners that thousands of applicants for driving licence have already obtained learner's licences; that a learner's licence issued is valid for a period of six months; that a learner's licence holder is entitled to undertake the driving test after a period of 30 days and that in the light of the impugned circular, applicants for driving licence who have already obtained learner's licence prior to the impugned circular have lost the benefit of the time provided for under the rules to undergo the test and obtain licence, for, all such persons have now to undergo training to obtain licence in accordance with the revised guidelines introduced as per the impugned circular. The petitioners, therefore, seek directions to the respondents to carry on and conduct driving tests in accordance with the guidelines existed prior to the impugned circular. Alternatively, they seek directions to the respondents to allow all candidates who have obtained learner's licences prior to the introduction of the WPC 7243/17 & con. cases 3 impugned circular to undergo driving tests in accordance with the pre-revised guidelines.

(2.) A statement has been filed by the Transport Commissioner in W.P.(C) No.7243 of 2017 as directed by this Court.

(3.) Heard the learned counsel for the petitioners and the learned Special Government Pleader.